Immigration — cancellation of removal

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United States Court of Appeals For the Seventh Circuit

Civil

Immigration — cancellation of removal

Where an alien was removed and illegally reentered, he is ineligible for cancellation of removal.

“We, along with numerous other circuits, have deferred to Romalez-Alcaide. See Reyes-Sanchez, 646 F.3d at 498 (collecting cases). Furthermore, the First and Ninth circuits have held—based on Avilez-Nava—that an expedited removal order severs an alien’s continuous physical presence in the United States. Vasquez v. Holder, 635 F.3d 563, 567-70 (1st Cir. 2011); Juarez-Ramos v. Gonzales, 485 F.3d 509, 511-12 (9th Cir. 2007). We find the First and Ninth circuits’ analyses persuasive, and see no reason to reiterate them here. Suffice to say, if a departure under the threat of removal severs an alien’s continuous physical presence, then a fortiori an actual removal, albeit expedited in nature, also severs an alien’s continuous physical presence. Consequently, the Board correctly held that Nunez’s September 24 expedited removal order terminated his continuous presence in the United States. Without continuous presence, Nunez did not qualify for cancellation of removal.”

Petition Denied.

11-2317 Nunez-Moron v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Manion, J.